Karnataka High Court
C Somashekar vs The State Of Karnataka on 10 October, 2017
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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WP No.51762/2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF OCTOBER 2017
PRESENT
THE HON'BLE MR.H.G.RAMESH
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT PETITION NO.51762/2016 (KLR-LG-PIL)
BETWEEN:
1. C.SOMASHEKAR
SON OF CHIKKADEVANNA
AGED ABOUT 52 YEARS
AND RESIDING AT HUCHANAPALYA
HUSKUR POST
DASANAPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU URBAN DISTRICT - 562 162
2. LOKESH Y.T.
SON OF DODDAGANGAIAH
AGED ABOUT 28 YEARS
AND RESIDING AT PILLAHALLI
ARSIHNAKUNTE POST
DASANAPURA HOBLI
BANGALORE NORTH TALUK
BENGALURU URBAN DISTRICT - 562 162
3. A. NARAYANAPPA
SON OF LATE ADAVIAPPA
AGED ABOUT 66 YEARS
AND RESIDING AT PILLAHALLI
ARSIHNAKUNTE POST
DASANAPURA HOBLI
BANGALORE NORTH TALUK
BENGALURU URBAN DISTRICT - 562 162
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WP No.51762/2016
4. R. SAMPATH
SON OF LATE RAMAIAH
AGED ABOUT 55 YEARS
AND RESIDING AT HONNASANDRA
DASANAPURA HOBLI
BANGALORE NORTH TALUK
BENGALURU URBAN DISTRICT - 562 162
5. G.P.NARAYANAPPA
SON OF PUTTASWAMY GOWDA
AGED ABOUT 36 YEARS
AND RESIDING AT GOWDANAHALLI
SHIVANAPURA POST, DASANAPURA HOBLI
BANGALORE NORTH TALUK
BENGALURU URBAN DISTRICT - 560 107
...PETITIONERS
(BY SMT. SUDHA S.N., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF REVENUE
VIDHANA SOUDHA
BENGALURU - 560 001
2. THE DEPUTY COMMISSIONER
BENGALURU DISTRICT
BENGALURU - 560 001
3. THE BENGALURU BRUHATH MAHANAGARA PALIKE
HUDSON CIRCLE
BENGALURU - 560 001
REPRESENTED BY ITS COMMISSIONER
...RESPONDENTS
(GOVERNMENT ADVOCATE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 23.06.2016 PASSED BY R2 AT ANNEXURE-D, THE
ORDER DATED 15.03.2016 PASSED BY R1 AT ANNEXURE-E AND
THE ORDER DATED 17.05.2016 PASSED BY R2 AT ANNEXURE-F.
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WP No.51762/2016
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE
FOLLOWING:
ORDER
Ag.CJ (Oral):
1. This Public Interest Litigation is directed against the order dated 17.05.2016 passed by the Deputy Commissioner, Bengaluru Urban District, Bengaluru. By the impugned order, the Deputy Commissioner has granted government land in Dasanapura Hobli measuring 5 acres 37 guntas in Survey No.19 of Thammenahalli Village free of cost to Rajiv Gandhi Housing Corporation for the purpose of distribution of sites to siteless poor persons under the Ashraya scheme.
2. We have heard the learned counsel appearing for the petitioners and perused the record.
3. The sole contention urged by the learned counsel for the petitioners is that the entire extent of the land is a gomal land and the declassification of the gomal land is not in accordance with Rule 97(4) of the Karnataka Land Revenue Rules, 1966 ('the Rules'). -4- WP No.51762/2016
4. As could be seen from the proviso to Rule 97(4) of the Rules, no declassification of gomal land is necessary if the land is granted for the purpose of distribution of sites to siteless persons. In this case, admittedly, the gomal land is granted for the purpose of distribution of sites to siteless persons. Therefore, the contention that the grant is contrary to Rule 97(4) of the Rules is not correct. The writ petition is devoid of merit and is accordingly dismissed.
Petition dismissed.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE hkh.